‘Elle se rapport uniquement à la guerre, et comprend deux choses, 1°. Ne point donner de secours quand on n’y est pas obligé; ne fournir librement ni troupes, ni armes, ni munitions, ni rien de ce qui sert directement à la guerre. Je dis ne point donner de secours, et non pas en donner également; car il seroit absurde qu’un etat secourut en même tems deux ennemis. Et puis il seroit impossible de le faire avec égalite; les mêmes choses, le merae nombre de troupes, la même quantite d’armes, de munitions, &c. fournies en des circonstances differentes, ne forment plus des secours equivalents,’ &c. If the neutral power may not, consistent with its neutrality, furnish men to either party, for their aid in war, as little can either enrol them in the neutral territory by the law of nations. Wolf, S. 1174, says, ‘Puisque Je droit de lever des soldats est un droit de majeste, qui ne peut être viole par une nation étrangere, il n’est pas permis de lever des soldats sur le territoire d’autrui, sans le consentement du maitre du territoire.’ And Vattel, before cited, L. 3, 8, 15. ‘Le droit de lever des soldats appartenant uniquement a la nation, ou au souverain, personne ne peut en envoler en pays etranger sans la permission du soverain: Ceux qui entreprennant d’engager des soldats en pays etranger sans la permission du souverain, et en general quiconque debauche les sujets d’autrui, viole un des droits les plus sacres du prince et de la nation. C’est le crime qu’on appelle plagiat, ou vol d’homme. Il n’est aucun état police qui ne le punisse tres sevérement.’ &c. For I choose to refer you to the passage, rather than follow it through all its developements. The testimony of these, and other writers, on the law and usage of nations, with your own just reflections on them, will satisfy you that the United States, in prohibiting all the belligerent powers from equipping, arming, and manning vessels of war in their ports, have exercised a right and a duty, with justice and with great moderation. By our treaties with several of the belligerent powers, which are a part of the laws of our land we have established a state of peace with them. But without appealing to treaties, we are at peace with them all by the law of nature. For by nature’s law, man is at peace with man till some aggression is committed, which, by the same law, authorizes one to destroy another as his enemy. For our citizens then to commit murders and depredations on the members of nations at peace with us, or combine to do it, appeared to the executive, and to those whom they consulted, as much against the laws of the land, as to murder or rob, or combine to murder or rob its own citizens; and as much to require punishment, if done within their limits, where they have a territorial jurisdiction, or on the high seas, where they have a personal jurisdiction, that is to say, one which reaches their own citizens only, this being an appropriate part of each nation on an element where all have a common jurisdiction. So say our laws, as we understand them ourselves. To them the appeal is made; and whether we have construed them well or ill, the constitutional judges will decide. Till that decision shall be obtained, the government of the United States must pursue what they think right with firmness, as is their duty. On the first attempt that was made, the President was desirous of involving in the censures of the law as few as might be. Such of the individuals only, therefore, as were citizens of the United States, were singled out for prosecution. But this second attempt being after full knowledge of what had been done on the first, and indicating a disposition to go on in opposition to the laws, they are to take their course against all persons concerned, whether citizens or aliens; the latter, while within our jurisdiction and enjoying the protection of the laws, being bound to obedience to them, and to avoid disturbances of our peace within, or acts which would commit it without, equally as citizens are.
I have the honor to be, with sentiments of great respect, and esteem, Sir, your most obedient and most humble servant,
Th: Jefferson.
LETTER CLVIII.—TO MR. HAMMOND, June 19, 1793
TO MR. HAMMOND.
Philadelphia, June 19, 1793.
Sir,
I had the honor to address you a letter on the 29th of May was twelvemonth, on the articles still unexecuted of the treaty of peace between the two nations. The subject was extensive and important, and therefore rendered a certain degree of delay in the reply to be expected. But it has now become such as naturally to generate disquietude. The interest we have in the western posts, the blood and treasure which their detention costs us daily, cannot but produce a corresponding anxiety on our part. Permit me, therefore, to ask when I may expect the honor of a reply to my letter, and to assure you of the sentiments of respect, with which I have the honor to be, Sir, your most obedient and most humble servant,
Th: Jefferson.